Impaired Driving; Driving Over the Legal Limit, .279 BAC


Case Dismissed

Case Details

When the client came to see David Anber in this case, he had high expectations. Stephane B. had two prior convictions for drinking and driving and, if he were found guilty this time, would be going to jail for at least 4 months and would be losing his licence for life.

This client’s blood alcohol content was measured as being nearly 3 and a half times the legal limit at the time of driving.

When he was pulled over, the officer spoke with him and could tell he was French speaking. However unlike Diego B.’s case, this client spoke English without any difficulties and understood (and appeared to understand) everything the officer told him. Nevertheless, the officer called for a french speaking offiver to provide the roadside breath test. It took 21 minutes for that second officer to arrive. David Anber drafted an argument to challenge the breath tests due to that unnecessary delay.

Prior to the trial, the Crown prosecutor contacted Mr. Anber and agreed that this was a violation of Stephane B.’s rights however planned to argue that it was not serious enough and not significant enough to result in the evidence being thrown out. But just to reach a compromise, he offered Mr. Anber’s client that if he plead guilty, the Crown would not present his prior convictions to the Court resulting in no jail.

When Mr. Anber brought this offer back to his client, his client insisted that he wanted his day in Court and rejected the offer. This meant that it was do or die for the client.

At trial the Judge agreed with Mr. Anber’s argument and threw out the evidence. Despite the high levels of alcohol in the accused’s blood there was insufficient remaining evidence of impairment.

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